Bail application for anticipatory relief in a Kerala Abkari Act case regarding alleged possession of arrack. The court examined motive and prior history but found regular bail the appropriate remedy instead of anticipatory bail.
Petition for anticipatory bail dismissed; petitioner directed to apply for regular bail.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE R.BASANT
MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929
Bail Appl..No. 881 of 2008()
---------------------------C.R.8/08 OF KONNI EXCISE RANGE
PETITIONER/ACCUSED
K.B.SURESH KUMAR, AGED 46 YEARS, S/O.BHASKARAN NAIR, PUNTHALA PUTHENVEEDU, VAZHAMUTTOM WEST MURI, OMALLOOR VILLAGE, KOZHENCHERY TALUK, PATHANAMTHITTA DISTRICT.
BY ADV. SRI.ABRAHAM SAMSON
SMT.LOVELY SAMSON
RESPONDENTS: STATE
THE STATE OF KERALA, REPRESENTED BY THE EXCISE INSPECTOR, KONNI EXCISE RANGE, PATHANAMTHITTA DISTRICT - THROUGH THE PUBLIC PROSECUTOR, HIGH COURT OF KERALA, ERNAKULAM, KOCHI-31.
BY PUBLIC PROSECUTOR ADV.SRI.JAI GEORGE
THIS BAIL APPLICATION HAVING COME UP FOR ADMISSION ON 10/03/2008, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
R. BASANT, J.
B.A. No. 881 OF 2008 E
Dated this the 10th day of March, 2008
O R D E R
Application for anticipatory bail. Petitioner faces allegations under the Kerala Abkari Act. He was allegedly found to be in possession of 5 litres of arrack on 2.2.08. Crime has been registered. Petitioner is the 2nd accused. The 1st accused was arrested at the spot. The petitioner's name appears in the seizure mahazar itself as one of the accused i.e., A2. Investigation is in progress. The petitioner apprehends imminent arrest.
BA.881/08
: 2 :
In these circumstances, anticipatory bail may be granted to the petitioner. He may be saved of the undeserved trauma of arrest and incarceration, it is prayed.
BA.881/08
: 3 :
occurrence report clear allegations are raised against the petitioner herein also.
(R.BASANT, JUDGE)
aks
2 issues framed by the court
Whether anticipatory bail under Section 438 Cr.P.C. is applicable in a case for possession of arrack.
Whether the petitioner is entitled to exemption from arrest prior to filing a regular bail application.
1 provisions across 1 enactments
K.B.SURESH KUMAR
STATE
R. BASANT
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
